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Resolution-PC 2022-048 - 1 - PC2022-048 RESOLUTION NO. PC2022-048 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2494 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2022-0008) (920 SOUTH BEACH BOULEVARD) WHEREAS, on November 24, 1975, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim ("Planning Commission"), by its Resolution No. PC75-248, did approve Conditional Use Permit No. 1582 to construct a 22-room motel; on October 3, 1983, by its Resolution No. PC83-183, did approve Conditional Use Permit No. 2494 to permit a 10-room expansion to the motel; and on July 17, 1989, by its Resolution No. PC89-188, did approve Conditional Use Permit No. 3179 to permit a 9-room expansion on that certain real property located at 920 South Beach Boulevard in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, Conditional Use Permit No. 3179 was never exercised by the property owner; and WHEREAS, Planning Commission Resolution No. PC89-188 contained the following condition of approval: “1. The subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3; provided, however, that kitchen efficiency units may not be installed in no more than twenty- five percent (25%) of the motel units, with a maximum of 6-cubic foot refrigerators, two-burner stoves excluding oven and baking facilities, and single compartment sinks, except that the manager’s unit will be allowed to have full kitchen facilities.” The conditions of approval which were the subject of the CUP No. 2494 shall be referred to herein collectively as the "Previous Conditions of Approval"; and WHEREAS, the 0.51-acre Property is developed with a 32-room motel commonly referred to as the Travel Inn, that has been operating since approximately 1976 and is owned by The Ping Liu Family Trust, represented by Pravin Ahir (“Owner”); and WHEREAS, the Property is located within the Beach Boulevard Specific Plan (SP2017-1) Residential Medium Development Area, and the Anaheim General Plan designates the Property for Medium Density Residential land uses; and WHEREAS, over the past several months, City staff became aware of public health and safety issues that exist as a result of the motel operations including, but not limited to, increased criminal activity and calls for emergency medical service; and - 2 - PC2022-048 WHEREAS, on December 21, 2021 the City provided written notice to Owner that the Property was considered a Nuisance pursuant to Anaheim Municipal Code Section 6.44.010.0709. On February 4, 2022, the City provided written notice to the Owner advising that a hearing would be held on February 28, 2022, at which time staff would request that the Planning Commission revoke or amend CUP 2494 to abate the nuisance and add conditions of approval to ensure the use operates in a manner that is not detrimental to public health and safety WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 28, 2022, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against said proposed conditional use permit amendment or revocation and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that this action, if any, is within that class of projects which consists of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and actions by regulatory agencies to revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency; and that, therefore, pursuant to Sections 15300.2 (c), 15301, and 15321 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearings pertaining to the proposed amendment CUP No. 2494 to add conditions, does find and determine the following facts: 1. The permit granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law, or regulation, because as a result of motel operations there has been criminal activity including, drug use and sales, and gambling on the Property. 2. The use for which the approval was granted has been so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance. The motel has operated at this location for over 45 years and this approval includes additional conditions of approval that will serve to reduce criminal activity on the Property that has been detrimental to the public health and safety of the surrounding community, including drug abuse, assault, and gambling. 3. That any such modification, including the imposition of any additional conditions, is reasonably necessary to protect the public peace, health, safety, or general welfare, or necessary to permit reasonable operation under the permit as granted. - 3 - PC2022-048 NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Development Project No. 2022-00008, thereby amending the Original CUP. BE IT FURTHER RESOLVED that the conditions of approval attached to this Resolution as Exhibit B amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety and, therefore, reflect the amendment and restatement of the Prior Conditions of Approval. The conditions of approval attached to this Resolution as Exhibit B shall control and govern the Property. BE IT FURTHER RESOLVED that this permit is approved without limitations on the duration of the use. Amendments, modifications, and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. - 6 - PC2022-048 EXHIBIT A - 7 - PC2022-048 EXHIBIT “B” DEVELOPMENT PROJECT NO. 2022-00008 - 8 - PC2022-048 NO. CONDITIONS OF APPROVAL REVIEW BY TO BE COMPLETED WITHIN 30 DAYS OF APPROVAL 1. Security and Operations Plan: Within 30 days of the adoption of this resolution, the property owner shall procure the services of a licensed security services company to prepare a Security and Operations Plan and shall submit the plan for review and approval by the Anaheim Police Department. Annual Review: The property owner shall be responsible for coordinating an annual review of the Security and Operations Plan as specified below in Condition No. 9. Plan Requirements and Procedures: The Security and Operations Plan shall be implemented within 90 days of the adoption of this resolution; and shall include, but not be limited to, the following: • The proposed number of licensed security personnel, days and hours of on-site security patrol, as determined adequate by the Anaheim Police Department. • The roles and responsibilities of security personnel, including expectations for communication and coordination with the Anaheim Police Department, discouraging criminal activities, vandalism, trespassing, and loitering upon or adjacent to the property. • A Security Alarm System Plan (silent or audible) covering, at minimum, the perimeter building and access route protection, high valued storage areas, and perimeter fencing and security gates. • A video surveillance plan including a minimum of 30-day video storage requirement, description of the type, number, and location of security cameras. The surveillance system shall cover, at minimum, lobby entrances, building perimeters, and parking areas. • Lighting Plan designed to ensure that parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided with sufficient lighting to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on-site. Police Department - 9 - PC2022-048 • Guest and Vehicle Registry Policies and Procedures. All guests and their visitors must register at the office before entering the premises. Unregistered visitors shall be subject to prosecution for trespassing. At registration, each guest shall show two pieces of I.D., one of which must be a driver's license or other type of government issued photo identification. The following information shall be included in the completed registration: o full name o home address o home telephone number o date of birth o government ID number and ID type o state and country of ID issuance o time of arrival o number of assigned or visited room o length of stay o room rates • A copy of each form of identification shall be kept by the owner/manager with the registration information. • Vehicle registration information that shall be kept by the owner/manager for a minimum of seven days. 2. Alarm System: The property owner shall complete a Burglary/Robbery Alarm Permit application, Form APD 516 . The form shall be submitted to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or at: http://www.anaheim.net/260/Alarm-Permits The property owner shall be responsible for arranging an inspection and approval for this system within 30 days of the adoption date of this resolution. Police Department 3. Rooftop Address: Within 30 days of the adoption of this resolution, the property owner shall provide rooftop address numbers to be visible by the police helicopter. The numbers shall be a minimum size of 4-feet in height and 2-feet in width. The lines of the numbers are to be a minimum of 6-inches thick. Numbers should be spaced 12-inches to 18-inches apart. Numbers shall be painted or constructed in a contrasting color to the roofing material. Numbers shall face the street to which the structure is addressed. Numbers shall not be visible from ground level. Police Department 4. Street-Facing Address: The property owner shall ensure address numbers are positioned so as to be readily readable from the street. The numbers shall be illuminated during hours of darkness. All entrance doors shall be numbered with the Code Enforcement - 10 - PC2022-048 hotel room number and shall be completed within 30 days of adoption of this resolution. The number shall be a minimum height of 4”. The property owner shall arrange inspection by the Police Department within 30 days of the adoption of this resolution. 5. No Trespassing Signs: The property owner shall install signs containing the words “No Trespassing 602(k) P.C.” posted at the entrances of parking lots and located in other appropriate places. Signs shall be at least 2 feet x 1 feet in overall size, with white background and black 2 inch lettering. The property owner shall arrange inspection by Code Enforcement within 30 days of the adoption of this resolution. Code Enforcement 6. Parking Enforcement Signs: The property owner shall install signs at all entrances to parking areas per 22658(a) C.V.C., to assist in removal of vehicles at the property at the owners/managers request. The property owner shall arrange inspection by Code Enforcement within 30 days of the adoption of this resolution. Code Enforcement 7. Criminal Activity Signs: Within 30 days of the adoption of this resolution, the property owners shall post at least three (3) large signs in visible and conspicuous locations around the outside of the premises. The signs should read as follows: “NO LOITERING, NO WEAPONS, NO CONSUMPTION OF ALCOHOL, AND NO CRIMINAL ACTIVITY WILL BE TOLERATED.” and “THE ANAHEIM POLICE DEPARTMENT MAKES REGULAR AND FREQUENT PATROLS OF THESE PREMISES AND MANAGEMENT WILL EMPLOY ALL LAWFUL MEANS OF PREVENTING CRIMINAL ACTIVITY ON THESE PREMISES.” Code Enforcement 8. Termination of CUP 3179: Within 30 days of the adoption of this resolution, the property owner shall submit a letter to the Planning and Building Director requesting the termination of CUP 3179, which was never exercised. Planning & Building Department, Planning Services Division OPERATIONAL CONDITIONS 9. Annual Review: The Security and Operations Plan, along with an updated and executed contract with the licensed security service shall be provided to the Anaheim Police Department annually. The property owner shall coordinate an annual meeting with the Anaheim Police Department to review and modify the Security and Operations plan, with any modifications determined to be necessary by the Anaheim Police Department. The applicant shall coordinate the annual review on or before the anniversary date of the adoption of this resolution. Police Department - 11 - PC2022-048 10. On-Site Manager: The property owner shall ensure that a manager is present on the property at all times and provides effective management and control of the property. The property owner shall require regular inspection and supervision of the premises by the manager. The property owner shall employ only those people who have had a background check performed and who have no history either by arrest or conviction for any narcotics, prostitution, weapons, or violent offense. Police Department 11. Manager to Report Criminal Activity: The property owner, property managers, and all employees must report any illegal activities to the Police Department. The property owner, property managers, and all employees shall not engage in, or aid in any way, any illegal activities including, but not limited to, reporting police arrivals to persons with criminal acts or intent and/or accepting any form of payment that would persuade such person to act in favor of criminal activity. Police Department 12. Guests with Prior Arrests: The property owner shall not knowingly rent motel rooms to persons previously arrested on or adjacent to the motel premises for any reason. Police Department 13. Loitering or Prostitution: The property owner and property managers shall ensure that rooms are not allowed for use by persons engaged in criminal activity, including loitering for the purpose of engaging in prostitution or the housing and/or business use of sex workers. Police Department 14. Rental Duration: The property owner shall ensure that rooms shall not be rented, let, or occupied by any individual for periods of less than twelve (12) consecutive hours. Rooms shall not be discounted for the rental of rooms for less than a 24-hour period. All daily room rates shall apply. Police Department 15. Vehicle Registration: The property owner shall ensure that an on-site manager and security service monitors the parking lot and that only vehicles that have been registered may be parked in the lot. A parking permit will be issued and must be displayed on the dashboard. Vehicles without permits shall be towed at the owner's expense. All vehicles must be parked front-first into the parking spaces. No “back-in” parking is allowed. Police Department 16. Guest Age: The property owner shall ensure that an on-site manager does not allow anyone under the age of 21 to rent a room. Police Department 17. Daily Cleaning Service: The property owner shall ensure that every occupied room shall have daily cleaning service. Each room shall be posted with a notice that daily room cleaning service is required without the option to decline the service. Code Enforcement - 12 - PC2022-048 18. Rules of Conduct: The property owner shall institute a set of “Rules of Conduct” for all patrons and guests at the motel. The rules shall include a provision that states that any violation of the rules is grounds for eviction and that the rules will be strictly enforced in an effort to create a safe environment for all concerned; require each patron and guest to review and sign a copy of the rules to be placed in the appropriate room file to ensure each person’s awareness of the rules; place an additional copy of the rules on the inside door of the room or in some other conspicuous place in the room for further reference. Code Enforcement 19. Property Maintenance: The property owner shall ensure that the property is permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, and removal of trash, debris, or drug paraphernalia. Code Enforcement 20. Graffiti Removal: The property owner shall ensure that any graffiti painted or marked upon the premises or on any adjacent area under the control of the property owner shall be removed or painted over within 24 hours. Code Enforcement 21. Parking Areas: The property owner shall not fence or enclose for storage purposes any area required for parking. Code Enforcement 22. The property owners shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning & Building Department Planning Services Division 23. The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning & Building Department, Planning Services Division